SUCCESS STORY

Victoria

Moorabbin Magistrates’ Court – Family Violence Intervention Order Extension Application Struck Out

Our client successfully had a Victoria Police application to extend a Family Violence Intervention Order struck out entirely at Moorabbin Magistrates’ Court after we identified serious evidentiary deficiencies. Through proactive negotiations highlighting lack of merit in the case, the prosecution sought to be excused and the Magistrate struck out the application, preventing order extension.

Moorabin Courts
  • Family Violence
  • |
  • Interverntion Order

Case Overview

Charge: Family Violence

Client: Anonymous client

Court Location: Moorabbin Magistrates’ Court

Our client recently appeared before the Moorabbin Magistrates’ Court as the Respondent in an application to extend a Police-issued Family Violence Intervention Order.

The Application, filed by Victoria Police, sought to extend the existing order against our client despite serious issues with the strength of the allegations and the supporting evidence.

Upon being engaged, we immediately:

  • Conducted a thorough review of the evidence relied upon by police, and
  • Engaged in proactive negotiations with the Prosecutor, carefully raising concerns about the lack of merit and evidentiary deficiencies in the case.

After significant discussions, the Prosecution ultimately sought to be excused from the proceeding, recognising the challenges of sustaining their application.

As a result, the Magistrate struck out the application in full, meaning the Family Violence Intervention Order was not extended, to the benefit of our client.

  • Order not extended
  • No finding made against our client
  • Matter struck out entirely

This was an exceptional result in a sensitive area of law, where many feel they must accept the extension of orders, even without clear evidence or just cause.

At Elbob & Stephenson Legal, we understand how Family Violence Intervention Orders can have far-reaching impacts on employment, relationships, and reputation. We fight hard to ensure that every case is treated on its individual merits, especially when the evidence does not support an ongoing order.

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